Washington Gov. Bob Ferguson urged voters to reject Initiative 638, which would prohibit transgender girls from participating in girls’ sports competitions in K–12 schools. The initiative, called the “Protect Equality in School Sports Act,” will appear on the November ballot and would apply to both team and individual competitions designated exclusively for female students.
The measure would also require all participants to provide medical confirmation of their “biological sex.” Evidence could include information about reproductive anatomy, genetics or naturally occurring testosterone levels. Ferguson said the measure would not create new opportunities for girls, but would force female students to undergo medical examinations and potentially medical interventions to gain eligibility for competitions.
Transgender students in Washington currently have the right to compete on teams that correspond to their gender identity. This rule is based on the state’s anti-discrimination laws. Its relationship with the federal Title IX law, which guarantees equal opportunities in educational programs, including school sports, remains the subject of a legal dispute. Washington authorities interpret equality as protecting transgender students, while opponents of the current rules argue that Title IX should provide separate athletic opportunities based on biological sex. The final interpretation of federal requirements depends on court decisions and could change as litigation proceeds.
The initiative would change existing rules only for transgender girls, not transgender boys. In school districts, including Seattle, such disputes are generally handled by school or district administrators in consultation with the student and the student’s family. Confidentiality and complaint procedures must be maintained. In interscholastic competitions, the Washington Interscholastic Activities Association and Seattle Public Schools play key roles. If a conflict cannot be resolved locally, it may be referred to state agencies, administrative bodies or a court. A court generally issues the final binding decision, while federal courts may suspend or alter the enforcement of state rules.
Opponents of the initiative include Sen. Patty Murray, the Seattle School Board, the state’s parent-teacher association, several municipalities, representatives of Native tribes and business organizations. Murray called the requirement to verify sex “alarming and completely unacceptable” and said the initiative would neither make children safer nor improve fairness in competitions.
Supporters of the initiative, including the conservative committee Let’s Go Washington, reject accusations that it would require invasive examinations. They say a doctor would only need to confirm an athlete’s sex using existing medical records or patient information.
According to a poll, the measure faces serious challenges: 43% of surveyed voters said they intended to vote for it.
Based on: Ferguson urges voters to reject potential trans girl athletes ban